Chris Rufo Is Exploiting The Fact That Academic Plagiarism Norms Are Absurd

Let's be honest, Christopher Rufo is the ratfucking king. While I don't agree with him about anything, when it comes to dirty tricks, nobody does it half as good as him, he's the best. Whenever Rufo releases a new report, the woke" tremble, and pray he's targeting someone else.

Rufo's current crusade is focused on academic plagiarism. About a year ago, he started accusing prominent progressive academics - mostly Black women - of plagiarizing parts of their scholarship. His method was brilliantly simple, essentially just comparing the academic's work to their sources and highlighting the similarities. Lo and behold, a lot of academics appear to copy banal observations and statements of fact without using quotation marks or attributing them to a source.

Anyway, Rufo gets results. His report accusing Harvard President Claudine Gay of plagiarizing parts of her 1998 dissertation, among other works, helped precipitate her resignation. And his recent report accusing Vice President Kamala Harris of plagiarizing parts of her book 2009 Smart on Crime: A Career Prosecutor's Plan to Make Us Safer from press releases and Wikipedia, among other sources, was immediately picked up by the New York Times.

The genius of Rufo's grift is that he's right, at least according to his targets and their supporters. Academics universally define plagiarism as copying words or ideas without proper attribution, and they've gradually convinced just about everyone else to accept their definition, including journalists. What's more, they've made plagiarism the academy's only capital crime, punishable by expulsion or worse. Just ask any student hauled into the academic star chamber called an honor council."

The only problem is that academics and journalists alike are massive hypocrites, who enforce their own plagiarism norms against themselves almost entirely in the breach, and even then only reluctantly. When students plagiarize, there's no excuse, but somehow when academics plagiarize there are always mitigating factors, even though you'd think academics are far better situated to avoid plagiarism than their students.

I'll be blunt. The copying Rufo identified is absolutely plagiarism, as academics and journalists define it. Students are punished on the regular for doing exactly the same thing. And if it's wrong for students, it has to be wrong for their professors as well. The wrongness of copying without attribution can't depend on who's doing the copying.

But why is plagiarism wrong?

Gay, Harris, and the other academics targeted by Rufo copied expressions notable only for their banality. If that's plagiarism, then plagiarism is a joke. Press releases and Wikipedia were created to be copied. Nobody cares about attribution, because it just doesn't matter. In fact, there's no reason to attribute most of the facts and ideas used in a scholarly work, unless attribution will help the reader. And that goes for professors and students alike. No one should suffer for violating pointless plagiarism norms.

Unfortunately, just about everyone is deeply invested in the moral legitimacy of plagiarism norms, especially academics and journalists. It's incredibly hard for people to question the moral justification of plagiarism norms, let alone whether they should be enforced. Everyone just assumes that plagiarism is wrong, so plagiarists should be punished.

Give me a break. All of the plagiarism Rufo identifies is remarkable only for its banality. For years, no one noticed the copying, because no one cared about it. And they were right not to care, because it didn't matter. We should just extend the same grace to students, where it matters even less. A student copied, so what? If they copied well, they learned a skill academics and others use all the time. And if they copied poorly, their grade will reflect it. No need for further punishment.

Rufo's brand of fugazi is brilliant, because academics are incapable of seeing their own bullshit, let alone seeing through it. When you come for the king, you'd better not miss. Unfortunately, Rufo's academic opponents couldn't hit a barn door. If they want to beat Rufo's plagiarism charges, they have to embrace them.

The obvious solution is to tell scholars - and everyone else! - to provide quotations and citations only when they're actually helpful to readers. If academics want to win the war with Rufo, they'll have to abandon plagiarism norms, in order to save them.

Brian L. Frye is the Spears-Gilbert Professor of Law at the University of Kentucky.